Article 86 - Essay 1

1085 Words5 Pages
If a soldier is late for a formation he is in violation of Article 86 of the UCMJ, Failure to Report to Appointed Place of Duty. The supervisor must then counsel his soldier and attempt to correct this behavior. The supervisor has a lot of latitude to decide how to punish this soldier. He can make the soldier report 30 minutes prior to the first formation for the day for five consecutive days. This would typically have him reporting at 0600 hours rather than 0630 hours. He could have him report to the Staff Duty NCO every 4 hours through the night for a specified number of days. This would take away the soldier 's time creating an unpleasent situation for that soldier.
This form of correction provides both specific and general
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For soldiers in the pay grade of E-3 and below, a summary court-martial may sentence a soldier to 60 days restriction or one month confinement, demotion to lowest rank, and forfeiture of two thirds pay for one month. (Manual for Courts Martial, 2002, pg A2-6)
A special court-martial is often classified as a misdemeanor court, all persons subject to the UCMJ, including officers and warrant officers can be tried by a special court martial. A special court-martial may impose extra duty, admonition, restriction, reprimand, and confinement for not more than six months, and forfeiture of two-thirds of a month 's base pay for six months. Enlisted soldiers can be demoted to the lowest pay grade, and receive a bad-conduct discharge. (Manual for Courts Martial, 2002, pg A2-6)
A general court-martial consists of no less than five members and a military judge, or the soldier can be tried by military judge alone upon the request of the solder being tried. A general court-martial is often classified as a felony court. The general court-martial can try all persons subject to the UCMJ including officers. A general court-martial may consider any sentence allowed by the UCMJ. This could include lengthy incarceration, hard labor, life in prison and the death penalty. (Manual for Courts Martial, 2002, pg A2-6)
Although there are differences in the administration, and underlying philosophy, the ultimate goal is the same. Corrections, whether it is in the Army
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